Student Conduct Process

We want you to be knowledgeable about the process that occurs once a complaint with Student Conduct is filed. The following describes the investigation process, the hearing, and the outcome of the hearing. Student Conduct will be available to explain the process as requested. The Student Conduct process will be prompt, fair, and impartial. This is to mean the process will be completed within a reasonable time frame as designated below and without undue delay. The process will be conducted in a manner that is consistent with the university’s policies and will be transparent to all parties. Lastly, the Student Conduct process will be conducted by officials who do not have conflict of interest or bias for the complainant or respondent.

Investigation

You will be notified of receipt of your complaint and the actions the university officials will take.

A university official will meet with you to discuss the complaint submitted, review the investigation and hearing process, and determine the outcome you desire from your complaint.

An investigation will be conducted by a non-biased Title IX Investigator. This investigation will include

meeting personally with the complainant

meeting personally with the accused

meeting personally with any witnesses

reviewing any documentary evidence

The investigation of complaints will be adequate, reliable and impartial. The Title IX Investigator will compile an investigation report.

The investigation process can take up to 60 days. If at any point either party would like an update of the investigation process, all they need to do is ask and an update will be provided.

A university official will determine if a conduct hearing is possible.

If it is determined that the university will proceed with a formal conduct hearing, the complainant and the accused will be notified of the hearing date.

Hearing

Hearing notification will occur at least five days in advance and include the hearing date, time and location. Hearings will be scheduled around academic schedules.

Allegations of sexual misconduct and sexual harassment will be heard by the Conduct Committee Hearing panel which is comprised a faculty member, a staff member and a student.

The hearing includes opening statements, presentation of the investigation report, information about the incident, presentation of information by witnesses, and closing statements.

Each party is permitted to have a person of their choosing to accompany them throughout the hearing as an advisor.

All parties are permitted, but not required, to be present during the hearing (except during deliberations of the panel). All parties can be in the same room in a pre-arranged, non-threating set up or in separate rooms with a video conference set up.

All parties are permitted to make statements and present witnesses and information during the hearing. Witnesses and information need to be directly related to the incident.

The standard of proof used in all university conduct hearings is preponderance of the evidence, which means the determination is based on whether it is more likely than not a violation occurred. This is significantly different than proof beyond a reasonable doubt, which is required for a criminal prosecution.

Outcome

Possible outcomes include the entire range of sanctions listed in the Student Code of Conduct. When it is determined that sexual misconduct is more likely than not to have occurred, the outcome can include separation from the university.

Both parties have the right to be informed of the outcome. The accused will be notified within two business days after the hearing, at the same time the respondent is informed of the outcome.

The accused has the right to appeal the decision reached through the hearing proceedings within seven business days after the hearing.